I live in New South Wales. I'm doing some landscaping and want to remove some of the soil that sits near our boundary to make a small dam. Can I do that?
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Answer by LegalEagle™ staff, Forbes 2871 NSW.
- Under the law in NSW a person has a duty of care (a legal responsibility) not to do anything on or in relation to land that removes the support to any other land. This can include interfering with the soil surface, top soil, the subsoil, any part that is reclaimed land and even the water below.
- You may be liable for damages if you undertake an activity which:
- causes harm to the supported land;
- causes the supported land and its structures to become unsafe; or
- prevents the supported land from safely supporting any structure that someone may wish to build on it in the foreseeable future.
- The impact that your removal of soil from the boundary will have on any supported land depends on the characteristics of your land such as the slope, type of soil and any nearby structures.
- A surveyor can advise you on the likely impact of your plans and whether council consent is required for the work you are planning.
- You can enter into an agreement with your neighbour that creates an easement (a legal right of access) for the removal of supporting land. You should discuss any concerns or the development of an easement with a lawyer.
- If you do cause any damage to property by taking soil from the boundary you can be at risk of substantial liability. Before you go ahead it is recommended that you get professional advice.